The main legal point established in the judgment is the validity of the resolution deeming the services of candidates appointed on ad hoc basis in the special drive as regular and the determination of seniority of candidates belonging to Scheduled Castes & Scheduled Tribes in accordance with the O.R.V. Act and the rules framed thereunder.

JUDGMENT :

I.M. Quddusi, J. - These are three writ petitions filed by the Petitioners, who belong to Scheduled Castes & Scheduled Tribes category, against the impugned judgment and order dated 21.10.2002 passed by the Orissa Administrative Tribunal in O.A. No. 1785 of 2002.

2. The brief facts of the case are that the Orissa Public Service Commission (hereinafter referred to as 'O.P.S.C.') issued advertisement No. 16 of 1974-75 inviting applications in the prescribed form from the eligible candidates for admission to the Competitive Examination (1974-1975) for recruitment of about 300 Lower Division Assistants in different Departments of Orissa Secretariat. of these vacancies, 16 per cent of the posts were reserved for Scheduled Caste and 24 per cent for Scheduled Tribe. After conducting the written and viva voce examination, the Commission recommended to the State Government in the Home Department names of 714 successful candidates which included the applicants in the O.A. and 20 candidates belonging to Scheduled Castes & Scheduled Tribes category. The said list was approved by the Home Department on 24.11.1977. As sufficient number of candidates belonging to Scheduled Castes & Scheduled Tribes could not be recommended by the O.P.S.C., the State Government decided to fill up the remaining vacancies reserved for Scheduled Castes and Scheduled Tribes category on ad hoc basis through candidates sponsored by Employment Exchange after conducting an interview by a duly constituted Selection Committee by Home Department resulting which 403 Scheduled Castes & Scheduled Tribes candidates including the Petitioners before this Court (instant writ Petitioners & Respondents 3 to 147 before the Tribunal) were selected. Their appointments were made in four batches between 15.5.1978 and 30.3.1980 with the stipulation that their services would be terminated as soon as P.S.C. passed S.C. and S.T. candidates were available. Later on, the State Government vide Resolution dated 25.5.1982 decided that the recruitment of the aforesaid 403 Scheduled Castes & Scheduled Tribes candidates made between the period 15.5.1978 and 31.10.1979 should be deemed as regular appointments and the 52 Scheduled Caste & Scheduled Tribe candidates who were appointed on 6.2.1980 i.e. after amendment of Orissa Ministerial Service Rules, 1951 ( in short, 'O.M.S. Rules') shall continue on a temporary basis until fresh competitive examination was held under Rule 3 of the OMS Rules, 1951, as amended. The gradation list of Lower Division Assistants (re-designated as Junior Assistants) indicating inter -se seniority of general and Scheduled Caste & Scheduled Tribe candidates of the recruitment year 1974-75 was ordered to be issued separately.

3. The above resolution was ordered to be published in the Orissa Gazette with a direction that the copies be forwarded to all Departments of Government and the Accountant General.

4. In the said resolution, the Government considered the provisions of Section 9(4) of the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Caste and Scheduled Tribes) Act, 1975 (in short,' the O.R.V. Act') and Articles 335, 320(4) and 14(4) of the Constitution of India. However, the State Government vide resolution dated 4.3.1983 decided that the inter se seniority of the 403 candidates who were recruited as Junior Assistants for appointment against the reserved posts lying vacant in different departments of the Secretariat in between the period from 15.5.1978 to 31.10.1979 would be regulated according to their dates of appointment as Junior Assistant and they would always be placed below the Public Service Commission passed candidates appointed in.the same day. In the meantime, promotions were also made in accordance with the gradation list pursuant to resolution dated 4.3.1983.

5. In the meantime some of the S.C. and S.T. candidates recruited through O.P.S.C. challenged the fixation of their seniority in the cadre of Lower Division Assistants